The Madhya Pradesh High Court has upheld the dismissal of a civil judge for acquitting people accused in criminal trials without writing judgments.
The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain said that the charges are of “grave misconduct” and cannot be condoned.
“When we look into the record, it is noted that all the five charges were proved against the petitioner. The charges are of grave misconduct that he acquitted the accused in criminal trials without writing a judgment, which are obviously of serious nature. The same cannot be condoned,” the court said on April 21.
The petitioner, Mahendra Singh Taram, became a Class II Civil Judge through the Madhya Pradesh Public Service Commission. While he was posted at Mandla district’s Tehsil Niwas, the District Judge (Vigilance) carried out a surprise inspection and found that Taram allegedly delivered the final verdict in three criminal cases without writing a judgment.
A show cause notice was issued and a departmental inquiry conducted. The Enquiry Officer found all five charges proved and the petitioner was held guilty of grave misconduct under Rule 3 of the Madhya Pradesh Civil Services (Conduct) Rules, 1965.
In his reply, Taram requested that he be absolved of all charges but was removed from service. His appeal against removal was also dismissed.
The counsel for the petitioner contended that in identical facts and circumstances, another Class II Civil Judge was given the much lesser punishment of withholding two increments.
“All the charges leveled against him are relating to criminal cases. He was afforded due opportunity of hearing to put his defence…,” the court said.
